Rule 111 of Rules of Court

Prosecution of Civil Action moral, nominal, temperate or exemplary damages,

the offended party shall pay additional filing fees
Section 1. Institution of criminal based on the amounts alleged therein. If the
amounts are not so alleged but any of these
and civil actions. —
damages are subsequently awarded by the court,
(a) When a criminal action is instituted, the civil
the filing fees based on the amount awarded shall
action for the recovery of civil liability arising
constitute a first lien on the judgment.
from the offense charged shall be deemed
instituted with the criminal action unless the
Where the civil action has been filed separately
offended party waives the civil action, reserves
and trial thereof has not yet commenced, it may be
the right to institute it separately or institutes the
consolidated with the criminal action upon
civil action prior to the criminal action.
application with the court trying the latter case.
 This pertains to the double punishment of the If the application is granted, the trial of both
accused in which he is criminally liable he is also actions shall proceed in accordance with section 2
civilly liable; means he is also liable for the of this Rule governing consolidation of the civil
reparation of damage and for indemnification of and criminal
the harm done
 Only the civil action for the recovery of the civil
 Juridical Basis of the institution of
liability arising from the offense under Article
100 of the RPC Criminal Liability and Civil Liability:

The reservation of the right to institute separately 1. Article 100 of RPC – every person criminally
the civil action shall be made before the liable for a felony is also civilly liable
prosecution starts presenting its evidence and 2. Article 2176 of New Civil Code – whoever by
under circumstances affording the offended party act or omission causes damage to another there
a reasonable opportunity to make such being fault or negligence is obliged to pay for
reservation. When the offended party seeks to the damage done
enforce civil liability against the accused by way
of moral, nominal, temperate, or exemplary  Exceptions: No civil action if
damages without specifying the amount thereof 1. The offended party waived the action
in the complaint or information, the filing fees 2. When it reserved its right to institute it
thereof shall constitute a first lien on the separately
judgment awarding such damages. Where the 3. When it has instituted the civil action
amount of damages, other than actual, is prior to the criminal action
specified in the complaint or information, the
corresponding filing fees shall be paid by the  Dual Concept of Civil Liability:
offended party upon the filing thereof in court. - Means that civil liability may also arise
from criminal actions or quasi-delicts
Except as otherwise provided in these Rules, no
filing fees shall be required for actual damages. Section 2. When separate civil action
No counterclaim, crossclaim or third-party
complaint may be filed by the accused in the
is suspended.
— After the criminal action has been commenced,
criminal case, but any cause of action which
the separate civil action arising therefrom cannot
could have been the subject thereof may be
be instituted until final judgment has been entered
litigated in a separate civil action.
in the criminal action. If the criminal action is filed
after the said civil action has already been
(b) The criminal action for violation of Batas
instituted, the latter shall be suspended in
Pambansa Blg. 22 shall be deemed to include the
whatever stage it may be found before judgment
corresponding civil action. No reservation to file
on the merits. The suspension shall last until final
such civil action separately shall be allowed.
judgment is rendered in the criminal action.
Upon filing of the aforesaid joint criminal and
civil actions, the offended party shall pay in full
the filing fees based on the amount of the check
involved, which shall be considered as the actual
damages claimed. Where the complaint or
information also seeks to recover liquidated,
 Nevertheless, before judgment on the merits is  Right to Substitution
rendered in the civil action, the same may, upon Information by Filing a New
motion of the offended party, be consolidated
with the criminal action in the court trying the
one, when:
criminal action. In case of consolidation, the  Pursuant to Amendment and
evidence already adduced in the civil action shall Substitution of Information under
be deemed automatically reproduced in the Section 14 of the Rule 110
criminal action without prejudice to the right of
the prosecution to cross-examine the witnesses 1. Shall be no judgment has been
presented by the offended party in the criminal rendered yet
case and of the parties to present additional 2. Shall not place the accused on
evidence. The consolidated criminal and civil double jeopardy
actions shall be tried and decided jointly.
NOTE: This right is not Absolute,
During the pendency of the criminal action, the because it is subject to various
running of the period of prescription of the civil considerations.
action which cannot be instituted separately or
whose proceeding has been suspended shall be
tolled. Section 4. Effect of death on
civil actions.
The extinction of the penal action does not carry — The death of the accused after arraignment
with it extinction of the civil action. However, the and during the pendency of the criminal action
civil action based on delict shall be deemed shall extinguish the civil liability arising from the
extinguished if there is a finding in a final delict. However, the independent civil action
judgment in the criminal action that the act or instituted under section 3 of this Rule, or which
omission from which the civil liability may arise thereafter is instituted to enforce liability arising
did not exist. from other sources of obligation may be
continued against the estate or legal
 What are suspended: representative of the accused after proper
1. Only the separate civil action arising substitution or against said estate.
therefrom may be suspended
The heirs of the accused may be substituted for
2. Independent civil actions are not suspended the deceased without requiring the appointment
and may continue even criminal action has of an executor or administrator and the court
been instituted, but only one remedy may be may appoint guardian ad litem for the minor
claimed by the offended party, so he should heirs. The court shall forthwith order said legal
choose the bigger one – criminal institution representative or representatives to appear and
be substituted within a period of thirty (30) days
Section 3. When civil action may from notice.
proceeded independently.
— In the cases provided for in Articles 32, 33, 34 A final judgment entered in favor of the offended
and 2176 of the Civil Code of the Philippines, the party shall be enforced in the manner especially
independent civil action may be brought by the provided in these rules for prosecuting claims
offended party. It shall proceed independently against the estate of the deceased. If the accused
of the criminal action and shall require only a dies before arraignment, the case shall be
preponderance of evidence. In no case, however, dismissed without prejudice to any civil action
may the offended party recover damages twice the offended party may file against the estate of
for the same act or omission charged in the the deceased.
criminal action.

 Independent Civil Actions:  What/Who are considered

1. Those provided by Article 32, 33, 34, and substitute to the deceased accused?
2176 of the New Civil Code 1. The independent civil action shall be
2. May proceed to independently to institute, continued against the estate of the accused
and only requires preponderance of evidence after the proper substitution (its property,
(by convincing courts that it happened) and other liberty)
3. Principle of Independent Civil Actions
2. If before arraignment the accused died, the case  Suspend only not dismiss
shall be dismissed and not the civil liabilities
 If there are prejudicial questions raised in a
3. The heirs and minor heirs shall be the
civil action, then the institution of the criminal
substitute for the deceased accused, they
action shall be suspended even when it was filed
provided ad litem (attys), and shall appear
prior to the institution of criminal action
within the period of 30 days after being noticed.
 the petition to file for suspension may be filed
at any time before the prosecution
 Requirements of the Proper
Substitution: Section 7. Elements of
1. The court shall order the legal representative/s
on behalf of the deceased accused through prejudicial question.
proper notice — The elements of a prejudicial question are:
(a) the previously instituted civil action
involves an issue similar or intimately related to
Section 5. Judgment in civil action the issue raised in the subsequent criminal
not a bar. action, and
— A final judgment rendered in a civil action
absolving the defendant from civil liability is not (b) the resolution of such issue determines
a bar to a criminal action against the defendant whether or not the criminal action may
for the same act or omission subject of the civil proceed
action.
 Prejudicial Questions
 This means that even if the defendant is
- Is one based on a fact separate and
relieved from the civil liability, he/she can still be
distinct from the crime but is so intimately
criminally liable: Criminal action can still be filed
related to it that it determines the guilt of
against him/her
innocence of the accused
 The outcome of the civil action is no way a - That which much precede the criminal
determinant of guiltiness or innocence of an action, that which requires a decision first
accused in criminal action before a final judgment is rendered in the
 Criminal v. Civil : where the evidence in the principal action/criminal action
criminal requires guilty beyond reasonable doubt
whereas in the civil action requires evidence that
is considered preponderance of evidence
 Consequences of Prejudicial
Questions:
1. The criminal action is suspended
 Can the respondent intervene in
2. If the prejudicial question is resolved in
the criminal action? favor of the defendant/accused, then the
- No, the respondent may only intervene in the criminal action against him will fail
institution of criminal action if there was a (although he can still be filed with
civil action instituted therein/ or if with civil criminal action)
action. If absolved from civil action, then no
intervention may be authorized. (Provided
that the institution of civil action is
NOTE: The prejudicial question must
done/resolved)
be first resolved that is why it needs to
suspend the institution of criminal
Section 6. Suspension by reason of action
prejudicial question.
— A petition for suspension of the criminal
action based upon the pendency of a prejudicial
question in a civil action may be filed in the
office of the prosecutor or the court conducting
the preliminary investigation. When the
criminal action has been filed in court for trial,
the petition to suspend shall be filed in the same
criminal action at any time before the
prosecution rests.
 by the proper court in their respective territorial
jurisdictions.

Rule 112 of Rules of Court

Preliminary Investigation  Section 3. Procedure. — The preliminary

investigation shall be conducted in the following
manner:
Section 1. Preliminary investigation
defined; when required. (a) The complaint shall state the address of
— Preliminary investigation is an inquiry or the respondent and shall be accompanied by
proceeding to determine whether there is the affidavits of the complainant and his
sufficient ground to engender a well-founded witnesses, as well as other supporting
belief that a crime has been committed and the documents to establish probable cause. They
respondent is probably guilty thereof and should shall be in such number of copies as there are
be held for trial. Except as provided in section 7 respondents, plus two (2) copies for the official
of this Rule, a preliminary investigation is file.
required to be conducted before the filing of a
complaint or information for an offense where The affidavits shall be subscribed and sworn to
before any prosecutor or government official
the penalty prescribed by law is at least four (4)
authorized to administer oath, or, in their
years, two (2) months and one (1) day without absence or unavailability, before a notary public,
regard to the fine. each of who must certify that he personally
examined the affiants and that he is satisfied that
 Preliminary investigation is required when the they voluntarily executed and understood their
prescribed penalty of the crime committed is at affidavits.
least 4 yrs, 2 mos, and 1 day
(b) Within ten (10) days after the filing of the
 What is the nature and effects of complaint, the investigating officer shall either
Preliminary Investigation: dismiss it if he finds no ground to continue
1. Merely inquisitorial with the investigation or issue a subpoena to
2. To enable the fiscal to prepare the complaint the respondent attaching to it a copy of the
and information complaint and its supporting affidavits and
3. Can determine whether there is probable documents.
cause to believe that such criminal action was
committed by the accused The respondent shall have the right to examine
4. Preliminary Investigation can be waived the evidence submitted by the complainant
5. Doesn’t affect the jurisdiction of the court which he may not have been furnished and to
6. Doesn’t place the accused in jeopardy copy them at his expense. If the evidence is
voluminous, the complainant may be required to
specify those which he intends to present against
the respondent, and these shall be made
Section 2. Officers authorized to
available for examination or copying by the
conduct preliminary investigations. respondent at his expense.
—The following may conduct preliminary
investigations: Objects as evidence need not be furnished a party
(a) Provincial or City Prosecutors and their but shall be made available for examination,
assistants: copying, or photographing at the expense of the
requesting party.
(b) Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts; (c) Within ten (10) days from receipt of the
subpoena with the complaint and supporting
(c) National and Regional State Prosecutors; and affidavits and documents, the respondent shall
submit his counter-affidavit and that of his
(d) Other officers as may be authorized by law. witnesses and other supporting documents relied
Their authority to conduct preliminary upon for his defense. The counter-affidavits
investigations shall include all crimes cognizable shall be subscribed and sworn to and certified as
provided in paragraph (a) of this section, with
 copies thereof furnished by him to the thereof and shall immediately inform the parties
complainant. of such action.

The respondent shall not be allowed to file a No complaint or information may be filed or
motion to dismiss in lieu of a counter-affidavit. dismissed by an investigating prosecutor without
the prior written authority or approval of the
(d) If the respondent cannot be subpoenaed, or if provincial or city prosecutor or chief state
subpoenaed, does not submit counter- prosecutor or the Ombudsman or his deputy.
affidavits within the ten (10) day period, the
investigating officer shall resolve the Where the investigating prosecutor recommends
complaint based on the evidence presented by the dismissal of the complaint, but his
the complainant. recommendation is disapproved by the
provincial or city prosecutor or chief state
(e) The investigating officer may set a hearing if prosecutor or the Ombudsman or his deputy on
there are facts and issues to be clarified from a the ground that a probable cause exists, the
party or a witness. The parties can be present at latter may, by himself, file the information against
the hearing but without the right to examine or the respondent, or direct any other assistant
cross-examine. They may, however, submit to the prosecutor or state prosecutor to do so without
investigating officer questions which may be conducting another preliminary
asked to the party or witness concerned. investigation.

The hearing shall be held within ten (10) days This part, it can be the prosecutor himself
from submission of the counter-affidavits and who can file the information after finding a
other documents or from the expiration of the probable cause
period for their submission. It shall be terminated
within five (5) days. If upon petition by a proper party under such
rules as the Department of Justice may prescribe
(f) Within ten (10) days after the investigation, the or motu proprio, the Secretary of Justice reverses
investigating officer shall determine whether or or modifies the resolution of the provincial or city
not there is sufficient ground to hold the prosecutor or chief state prosecutor, he shall direct
respondent for trial. the prosecutor concerned either to file the
corresponding information without conducting
Section 4. Resolution of investigating another preliminary investigation, or to dismiss or
prosecutor and its review. move for dismissal of the complaint or
— If the investigating prosecutor finds cause to information with notice to the parties. The same
hold the respondent for trial, he shall prepare rule shall apply in preliminary investigations
the resolution and information. He shall conducted by the officers of the Office of the
certify under oath in the information that he, or Ombudsman.
as shown by the record, an authorized officer, has
personally examined the complainant and Section 5. Resolution of investigating
his witnesses; that there is reasonable ground judge and its review.
to believe that a crime has been committed and — Within ten (10) days after the preliminary
that the accused is probably guilty thereof; that investigation, the investigating judge shall
the accused was informed of the complaint and of transmit the resolution of the case to the
the evidence submitted against him; and that he provincial or city prosecutor, or to the
was given an opportunity to submit controverting Ombudsman or his deputy in cases of offenses
evidence. Otherwise, he shall recommend the cognizable by the Sandiganbayan in the exercise of
dismissal of the complaint. (The duty of its original jurisdiction, for appropriate action. The
prosecuting officer) resolution shall state the findings of facts and
the law supporting his action, together with the
Within five (5) days from his resolution, he shall record of the case which shall include:
forward the record of the case to the provincial or
city prosecutor or chief state prosecutor, or to the (a) the warrant, if the arrest is by virtue of a
Ombudsman or his deputy in cases of offenses warrant;
cognizable by the Sandiganbayan in the exercise
of its original jurisdiction. They shall act on the (b) the affidavits, counter-affidavits and other
resolution within ten (10) days from their receipt supporting evidence of the parties;
 Trial Court, or Municipal Circuit Trial Court may
be conducted by either the judge or the
(c) the undertaking or bail of the accused and the prosecutor.
order for his release;
When conducted by the prosecutor, the procedure
(d) the transcripts of the proceedings during the for the issuance of a warrant or arrest by the judge
preliminary investigation; and shall be governed by paragraph (a) of this section.
When the investigation is conducted by the judge
(e) the order of cancellation of his bail bond, himself, he shall follow the procedure provided in
if the resolution is for the dismissal of the section 3 of this Rule. If the findings and
complaint. recommendations are affirmed by the provincial
or city prosecutor, or by the Ombudsman or his
Within thirty (30) days from receipt of the deputy, and the corresponding information is
records, the provincial or city prosecutor, or filed, he shall issue a warrant of arrest. However,
the Ombudsman or his deputy, as the case may without waiting for the conclusion of the
be, shall review the resolution of the investigating investigation, the judge may issue a warrant of
judge on the existence of probable cause. Their arrest if he finds after an examination in writing
ruling shall expressly and clearly state the facts and under oath of the complainant and his
and the law on which it is based and the parties witnesses in the form of searching question and
shall be furnished with copies thereof. They shall answers, that a probable cause exists and that
order the release of an accused who is detained if there is a necessity of placing the respondent
no probable cause is found against him under immediate custody in order not to frustrate
the ends of justice.
Section 6. When warrant of arrest
may issue. (c) When warrant of arrest not necessary.
(a) By the Regional Trial Court. — A warrant of arrest shall not issue if the
— Within ten (10) days from the filing of the accused is already under detention pursuant
complaint or information, the judge shall to a warrant issued by the municipal trial court in
personally evaluate the resolution of the accordance with paragraph (b) of this section, or if
prosecutor and its supporting evidence. He may the complaint or information was filed pursuant to
immediately dismiss the case if the evidence on section 7 of this Rule or is for an offense penalized
record clearly fails to establish probable cause. If by fine only. The court shall then proceed in the
he finds probable cause, he shall issue a exercise of its original jurisdiction
warrant of arrest, or a commitment order
if the accused has already been arrested pursuant Section 7. When accused lawfully
to a warrant issued by the judge who conducted arrested without warrant.
the preliminary investigation or when the — When a person is lawfully arrested without a
complaint or information was filed pursuant to warrant involving an offense which requires a
section 7 of this Rule. preliminary investigation, the complaint or
information may be filed by a prosecutor without
In case of doubt on the existence of probable need of such investigation provided an inquest has
cause, the judge may order the prosecutor to been conducted in accordance with existing rules.
present additional evidence within five (5)
days from notice and the issue must be resolved In the absence or unavailability of an inquest
by the court within thirty (30) days prosecutor, the complaint may be filed by the
from the filing of the complaint of information offended party or a peace office directly with the
proper court on the basis of the affidavit of the
offended party or arresting officer or person.
(b) By the Municipal Trial Court.
— When required pursuant to the second Before the complaint or information is filed, the
paragraph of section 1 of this Rule, the person arrested may ask for a preliminary
preliminary investigation of cases falling under investigation in accordance with this Rule, but he
the original jurisdiction of the Metropolitan Trial must sign a waiver of the provisions of Article 125
Court, Municipal Trial Court in Cities, Municipal of the Revised Penal Code, as amended, in the
presence of his counsel.
 (10) days after the filing of the complaint or
information, the judge finds no

Notwithstanding the waiver, he may apply for

bail and the investigation must be terminated probable cause after personally evaluating the
within fifteen (15) days from its inception evidence, or after personally examining in
writing and under oath the complainant and his
After the filing of the complaint or information witnesses in the form of searching question and
in court without a preliminary investigation, the answers, he shall dismiss the same. He may,
accused may, within five (5) days from the time however, require the submission of additional
he learns of its filing, ask for a preliminary evidence, within ten (10) days from notice, to
investigation with the same right to adduce determine further the existence of probable cause.
evidence in his defense as provided in this Rule.
(7a; sec. 2, R.A. No. 7438) If the judge still finds no probable cause despite
the additional evidence, he shall, within ten (10)
Section 8. Records. — days from its submission or expiration of said
(a) Records supporting the information or period, dismiss the case. When he finds probable
complaint. — An information or complaint filed cause, he shall issue a warrant of arrest, or a
in court shall be supported by the affidavits and commitment order if the accused had already been
counter-affidavits of the parties and their arrested and hold him for trial. However, if the
witnesses, together with the other supporting judge is satisfied that there is no necessity for
evidence and the resolution on the case. placing the accused under custody, he may issue
summons instead of a warrant of arrest.
(c) Record of preliminary investigation.
— The record of the preliminary investigation,  Remedies of the accused party when
whether conducted by a judge or a fiscal, shall issued warrant of arrest:
not form part of the record of the case. However, 1. Post bail
the court, on its own initiative or on motion of 2. Ask for reinvestigation
any party, may order the production of the record 3. File motion to quash information
or any its part when necessary in the resolution 4. A petition for a review, if denied, then file for
of the case or any incident therein, or when it is an appeal after trial
to be introduced as an evidence in the case by the
requesting party.

Section 9. Cases not requiring a

preliminary investigation nor
covered by the Rule on
Summary Procedure. —
(a) If filed with the prosecutor.
— If the complaint is filed directly with the
prosecutor involving an offense punishable by
imprisonment of less four (4) years, two(2)
months and one (1) day, the procedure outlined
in section 3(a) of this Rule shall be observed.

The prosecutor shall act on the complaint based

on the affidavits and other supporting documents
submitted by the complainant within ten (10)
days from its filing.

(b) If filed with the Municipal Trial Court.

— If the complaint or information is filed
directly with the Municipal Trial Court or
Municipal Circuit Trial Court for an offense
covered by this section, the procedure in section
3(a) of this Rule shall be observed. If within ten
 Independent Civil Action

 Indicated in the Section 1 of Rule 111

 Delict
- It is the wrongful act or omission
accompanied by intention
- This is the combination of criminal liability
and civil liability
- A civil liability arising from crime.
Punishable under Article 365 of the RPC
pursuant to Art. 100 of RPC

 Quasi-Delict
- Wrongful act or omission is accompanied by
negligence
- Civil liability arising from negligence is
punishable under Art. 2176-2194 of Civil
Code

 Independent Civil Action:

1. Article 32 – Violation of Constitutional
Liberties
2. Article 33 – Defamation, fraud, physical
injuries. Or criminal negligence
3. Article 34 – failure of the city or municipal
police office to render aid-protection in case
of danger to life and property
E.g., If there were no precautions on road
works and somebody was injured because of
that and there was no aid provided, then the
municipal police office may face a violation

 Quasi-delict/extra-contractual
 Whoever by act or omission causes damage to
another, by fault or negligence, is obliged to
pay for the damages caused.